Who Can Be A Guardian In Colorado?

When someone needs a guardian to make decisions on their behalf, choosing the right person is crucial. Colorado law establishes specific qualifications and considers various factors when determining who should serve as a guardian. Understanding these requirements helps families prepare for the guardianship process.

Basic Qualifications for Guardians

To be appointed as a guardian in Colorado, a person must meet certain basic requirements:

• Be at least 21 years of age
• Be a legal resident of the United States (Colorado residency is preferred but not always required)
• Have no felony convictions involving harm to a person (certain exceptions may apply)
• Not have been found to have abused, neglected, or exploited a vulnerable person
• Be mentally and physically capable of fulfilling guardian duties

Who Courts Typically Consider

Colorado courts generally follow a priority order when considering who should serve as guardian:

1. Person Nominated by the Proposed Ward: If the individual nominated someone while they had capacity, the court gives weight to that preference.
2. Spouse or Domestic Partner: The spouse or registered domestic partner is often the first choice.
3. Adult Children: Adult children are commonly appointed, especially when they have a close relationship with the parent.
4. Parents: For adult wards, parents may serve as guardians if appropriate.
5. Other Family Members: Siblings, grandparents, aunts, uncles, and other relatives may be considered.
6. Close Friends: Non-relatives with a significant relationship to the proposed ward may qualify.
7. Professional Guardians: When no suitable family member or friend is available, professional guardians may be appointed.

Factors Courts Consider

Beyond basic qualifications, courts evaluate several factors when selecting a guardian:

Relationship Quality

The closeness and quality of the relationship between the proposed guardian and the ward, including history of care and support.

Geographic Proximity

Living close to the ward makes it easier to provide hands-on care and attend medical appointments.

Availability and Commitment

The guardian must have sufficient time and willingness to fulfill their duties and make important decisions.

Understanding of Needs

Knowledge of the ward's medical conditions, preferences, values, and daily needs is highly valued.

Who Cannot Serve as Guardian

Certain individuals may be disqualified from serving as guardian:

• Persons with certain criminal convictions
• Individuals previously removed as guardian for cause
• Those with significant conflicts of interest
• Persons who have demonstrated financial irresponsibility or exploitation
• Healthcare providers or employees of residential facilities where the ward lives (with limited exceptions)

Background Checks and Training

Potential guardians may be subject to background checks, including criminal history reviews. Colorado also requires guardians to complete training on their duties and responsibilities. This helps ensure guardians understand their legal obligations and the needs of the individuals they serve.

Professional Guardians

When no suitable family member or friend is available, the court may appoint a professional guardian. Professional guardians are individuals or organizations that provide guardianship services for compensation. They must meet additional qualifications and are subject to oversight by the court.

How We Can Help

If you are considering becoming a guardian for a loved one, or if you need to identify an appropriate guardian, our attorneys can help. We guide families through the qualification process, prepare necessary documentation, and represent clients in guardianship proceedings to ensure the best outcome for everyone involved.